Legislation -
Bill Sent To Committee
(Senate)
-
Aug. 1, 2008

Legislation -
Bill Passed
(House)
(326-102) -
July 30, 2008(Key vote)

Vote Result

Yea Votes

Nay Votes

Vote to pass a bill that authorizes the Food and Drug Administration (FDA) to regulate the labeling, ingredient levels, and required disclosures related to tobacco products.

Highlights:

Allows the Secretary of Health and Human Services to reduce or eliminate additives, constituents, or other components of tobacco products if he or she finds that those ingredients are harmful to the public health (Sec. 101).

Prohibits the FDA from banning all tobacco-related products or requiring the elimination of nicotine yields in tobacco products (Sec. 101).

Prohibits the FDA from raising the minimum legal age of tobacco use to an age higher than 18 (Sec. 101).

Mandates that 3 months after the enactment of this bill, a cigarette or any of its components may not contain herbs, spices, or artificial or natural flavors other than tobacco or menthol (Sec. 101).

Requires that all tobacco packages and advertisements of tobacco products contain one of the following warning labels (Sec. 201):

Requires warning labels on tobacco packages to be composed of at least 30 percent of the front and back sides of the package and warning labels on tobacco advertisements to be at least 20 percent of the advertisement (Sec. 201).

Authorizes the Secretary to require the warning label area to be up to 50 percent of the front and back sides of the tobacco packages (Sec. 202).

Requires that all smokeless tobacco packages and advertisements contain one of the following warning labels (Sec. 204):

WARNING: This product can cause mouth cancer;

WARNING: This product can cause gum disease and tooth loss;

WARNING: This product is not a safe alternative to cigarettes; or

WARNING: Smokeless tobacco is addictive.

Prohibits the sale of tobacco products labeled as "light," "mild," or "low," or products featuring a similar description, unless the Secretary of Health and Human Services issues an order allowing such sale because the product has been demonstrated to significantly reduce the risk of tobacco-related disease and benefit the health of the population as a whole (Sec. 101).

Mandates the issuance of a report and recommendation on the impact of the menthol cigarettes on public health (Sec. 101).

Allows the Secretary of Health and Human Services to require tobacco product manufacturers to disclose to the public the tar and nicotine yields of a tobacco product via packages and advertising and other ingredient levels via means other than labeling on advertising or packages (Sec. 206).

Establishes user fees on each manufacturer and importer of tobacco products to be used for paying the costs of the FDA for regulating tobacco products (Sec. 101).

Note:

NOTE: THIS VOTE WAS TAKEN UNDER A SUSPENSION OF THE RULES TO CUT OFF DEBATE EARLY AND VOTE TO PASS THE BILL, THEREBY REQUIRING A TWO-THIRDS MAJORITY FOR PASSAGE.